Bill

Bill > S902


MA S902

MA S902
Rescinding an order terminating parental rights


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to rescind an order terminating parental rights. The Judiciary.

AI Summary

This bill allows a child, who is at least 12 years old, to ask a court to reverse an order that terminated their parents' rights, but only if at least two years have passed since the original termination order and adoption is no longer the plan for the child's future, and either the child hasn't been adopted or their adoptive parents' rights have also been terminated or surrendered. The child must sign the request, and the court will hold a hearing, notifying the former parents but not making them formal parties to the case, though their testimony can be used. The court will grant the request if it finds, by a preponderance of the evidence (meaning it's more likely than not), that reversing the termination of parental rights is in the child's best interest, and will then issue a new order for the child's care if it's also in their best interest. This provision applies even if the two-year waiting period was met before the bill becomes law.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see S2204 (on 04/04/2016)

bill text


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